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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, dismissing the petitioner's application.

Summary

Sunil Kumar was arrested on 25 September 2024 in connection with a case involving assault, theft, threats and later a murder charge under various sections of the Indian Penal Code. The prosecution alleges that he, along with co‑accused, assaulted the informant's mother with an iron rod, stole Rs 2 lakhs and threatened to kill, with a post‑mortem confirming fatal injuries. The petitioner claims he is innocent, asserting the allegations are fabricated due to a land dispute with his brother, the informant. The trial court has framed charges and examined two of eight witnesses, with the trial expected to conclude within four months. The High Court, noting the specific allegation of assault on the deceased supported by the post‑mortem report, refused the bail application, deeming the seriousness of the offences and evidence insufficient for release.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under IPC sections 341, 323, 307, 379, 504, 506, 34 and 302, given the seriousness of the allegations and the post‑mortem evidence.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • murder
  • assault
  • post-mortem report
  • land dispute
  • criminal procedure
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85585 of 2025
                       Arising Out of PS. Case No.-750 Year-2023 Thana- DHANARUA District- Patna
                 ======================================================
                 Sunil Kumar Son of Late Jagat Narayan Prasad Resident of Village - Dost
                 Muhammadpur, P.S.- Dhanarua, Dist.- Patna, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dineshwar Mishra, Advocate
                                                  Ms. Ruchi Arya, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   18-04-2026                      Heard Mr. Dineshwar Mishra, learned counsel for

                   the petitioner and Mr. Bharat Lal, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   25.09.2024 in connection with Dhanarua P.S. Case No.

                   750/2023, F.I.R. dated 04.12.2023 for the offences punishable

                   under Sections 341, 323, 307, 379, 504 and 506 read with

                   Section 34 of the Indian Penal Code and later on Section 302 of

                   the Indian Penal Code wad added on 19.12.2023.

                                3. According to prosecution case, the informant,

                   namely, Anil Kumar alleged that the petitioner including all the

                   FIR named accused persons assaulted the mother of the

                   informant (Gajmati Devi) by iron rod and also took out Rs. 2
Patna High Court CR. MISC. No.85585 of 2025(6) dt.18-04-2026
                                            2/3




          lakhs kept in box for the purpose of niece marriage for which

          case has been lodged and the accused persons went to jail that

          time but after coming out from jail accused persons started

          abusing regularly and also gave threat to kill.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. It appears from the F.I.R. that the allegation

          against the petitioner is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR. Learned

          counsel has submitted that this case has arisen due to land

          dispute between the petitioner and the informant. The informant

          is full brother of the petitioner.

                      5. Vide order dated 25.03.2026 a report was called

          with regard to the present stage of trial. Report of the learned

          Trial Court dated 01.04.2026 reveals that the charge has been

          framed on 09.04.2025 and out of eight witnesses named in the

          charge-sheet, two witnesses have already been examined.

          Summons has been already issued to witnesses. Trial is likely to

          be concluded within four months. Now, the case is fixed on

          02.04.2026 for prosecution’s evidence.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the
             Patna High Court CR. MISC. No.85585 of 2025(6) dt.18-04-2026
                                                         3/3




                       ground that petitioner carries one criminal antecedent other than

                       the present one but fairly submits on the basis of paragraph-3 of

                       the bail application that the petitioner is on bail in the said

                       matter. Learned counsel has submitted that the specific

                       allegation of assaulting the deceased is against the petitioner and

                       the deceased happens to be the mother of the petitioner. As per

                       the Post Mortem Report, the cause of death is haemorrhage and

                       shock, the injury no. 1 and 3 were caused by hard and blunt

                       object whereas the injury no. 2 was caused due by rajor sharp

                       and pointed object.

                                    7. Considering the aforesaid fact that there is specific

                       allegation of assaulting the deceased against the petitioner

                       which is supported by the post mortem report, I am not inclined

                       to enlarge the petitioner on bail in connection with Dhanarua

                       P.S. Case No. 750/2023 pending in the court of learned Judicial

                       Magistrate I/C at Masaurhi, Patna.

                                    8. Prayer is refused.



                                                   (Rajesh Kumar Verma, J)
atul/-

U        T


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